CFTC Staff Letters

CFTC Staff Letters provides Letters from 2008 and later. For Letters published before 2008 visit the Letters Archive page.

PDF Description
PDF Image 22-19 Letter Type: No-Action
Division: DMO
Regulation Parts: 43, 45
Tags: Public, Real-Time, Recordkeeping, Reporting, Swap Data
Issuance Date:
Description:

Supplemental Staff Letter to CFTC Letter15-29 and CFTC Letter 16-72 with respect to swaps trading on certain financial markets that are licensed in Australia and overseen by the Australian Securities & Investments Commission (ASIC).


See also: Request Letter
Requester(s): YIELDBRKER
PDF Image 22-18 Letter Type: No-Action
Division: DMO
Regulation Parts: 45
Tags: Recordkeeping, Reporting, Swap Data
Issuance Date:
Description:

Extension of no-action position with respect to Part 45 for entities submitting swaps for clearing by derivatives clearing organizations (DCOs) operating consistent with CFTC exemptive orders or no-action positions provided by CFTC staff.


See also: Request Letter
Requester(s): ISDA
PDF Image 22-17 Letter Type: Advisories
Division: MPD
Regulation Parts: 3.3
Tags: Annual Report, CCO, Swap Dealer
Issuance Date:
Description:

Advisory to non-U.S. swap dealers and non-U.S. major swap participants relying on substituted compliance under the terms of an applicable CFTC entity-level comparability determination with respect to the filing of an annual chief compliance officer report required pursuant to Commission regulation 3.3(f).


Requester(s): CFTC
PDF Image 22-16 Letter Type: No-Action
Division: DMO, MPD
Regulation Parts: 2(h)(8), 5h(a)(1), 23 Subpart F, 23 Subpart I, 23 Subpart J, 37.3
Tags: Brexit
Issuance Date:
Description:

Extension of no-action relief letter 21-24 that was issued to ensure the continued availability, following Brexit of no-action positions under certain existing CFTC comparability determinations and exemption orders originally issued by the CFTC for EU entities, while CFTC staff undertakes an analysis of UK law in order to make appropriate recommendations of comparability or exemption to the CFTC.


See also: Request Letter
Requester(s): CFTC
PDF Image 22-15 Letter Type: No-Action
Division: DMO
Regulation Parts: 2(h)(8), 5(d)(9), 37.3, 37.9
Tags:
Issuance Date:
Description:

The Division is extending its no-action positions for those package transactions where at least one individual swap component is made available to trade (“MAT”) and therefore subject to the CEA section 2(h)(8) trade execution requirement, and all other components are contracts for the purchase or sale of a commodity for future delivery, i.e., futures contracts (“MAT/Futures Package Transactions”).


See also: Request Letter
Requester(s): ISDA
PDF Image 22-14 Letter Type: No-Action
Division: DMO
Regulation Parts: 45, 46
Tags: Foreign, Foreign Transactions, MSP, Reporting, Swap Dealer, Non-US Swap Dealers, Non-US MSP
Issuance Date:
Description:

Extension of Time-Limited No-Action Relief from Certain Requirements of Part 45 and Part 46 of the Commission’s Regulations, for Certain Swap Dealers and Major Swap Participants Established under the Laws of Australia, Canada, the European Union, Japan, Switzerland or the United Kingdom.


See also: Request Letter
Requester(s): IIB, ISDA, SIFMA
PDF Image 22-13 Letter Type: No-Action
Division: DMO
Regulation Parts: 30.13
Tags: Foreign Future
Issuance Date:
Description:

DMO will not recommend that the Commission take enforcement action against KRX with respect to the offer or sale of contracts based on the KOSPI 200 Index to persons located within the United States while the Commission’s review of KRX’s forthcoming request for certification of contracts based on the KOSPI 200 Index pursuant to Commission Regulation 30.13 is pending.


See also: Request Letter
Requester(s): KRX
PDF Image 22-12 Letter Type: No-Action
Division: DCR
Regulation Parts: 5b(a)
Tags:
Issuance Date:
Description:

Time-limited no-action position for Taiwan Futures Exchange with regard to Section 5b(a) of the Commodity Exchange Act and Commission regulations thereunder.


See also: Request Letter
Requester(s): TAIFEX
PDF Image 22-11 Letter Type: No-Action
Division: DCR, MPD
Regulation Parts: 39.13
Tags: Risk Management, Separate Account Treatment
Issuance Date:
Description:

Accordingly, the conditional no-action relief with respect to Regulation 39.13(g)(8)(iii) is now further extended until the earlier of (a) September 30, 2023 or (b) the effective date of any final Commission action relating to Regulation 39.13(g).


See also: Request Letter
Requester(s): FIA
PDF Image 22-10 Letter Type: No-Action
Division: MPD
Regulation Parts: 23, 23 Subpart E, 23.100, 23.101, 23.102, 23.103, 23.104, 23.105, 23.106
Tags: Foreign, SD, Swap Dealer, Capital, Substituted Compliance, Nonbank
Issuance Date:
Description:

Extension of Time-Limited No-Action Position for Foreign Based Nonbank Swap Dealers domiciled in Japan, Mexico, the United Kingdom, and the European Union


See also: Request Letter
Requester(s): IIB, ISDA, SIFMA